Minimum wage in Virginia in 2026

All such employers shall pay salaried employees at least once each month and employees paid on an hourly rate at least once every two weeks or twice in each month, except that (i) a student who is currently enrolled in a work-study program or its equivalent administered by any secondary school, institution of higher education, or trade school, and (ii) employees whose weekly wages total more than 150 percent of the average weekly wage of the Commonwealth as defined in § 65.2-500, upon agreement by each affected employee, may be paid once each month if the institution or employer so chooses.

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September 27, 2026

Verified September 27, 2026

Upon termination of employment an employee shall be paid all wages due him for work performed prior thereto; such payment shall be made on or before the date on which he would have been paid for such work had his employment not been terminated.

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statute

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September 27, 2026

Verified September 27, 2026

G. The Commissioner may initiate an investigation upon the receipt of a complaint from an employee or an interested third party, or at the Commissioner's discretion. The Commissioner shall not disclose a complainant's or witness's identity unless the complainant or witness consents to such disclosure. The Commissioner may commence administrative proceedings or refer the matter to the Attorney General, who may bring a civil action to enforce compliance with this section, and upon the reasonable and good-faith belief of wage violations to remedy the failure to pay wages, including violations of this section, § 2.2-4321.3 or 40.1-28.7:7, the Virginia Minimum Wage Act (§ 40.1-28.8 et seq.), or § 40.1-29.2 or 40.1-29.3. The Commissioner may seek and collect any wages unlawfully withheld from any employee and all damages and penalties available under subsection K. Such wages and damages shall be paid as restitution to any affected employee entitled thereto, and such penalties may be paid to any affected employee or the Commonwealth. The Commissioner may require an employer or employee to submit a statement or report in writing under oath as to all necessary information, examine under oath any person alleged to have participated in or have knowledge relevant to the investigation, and issue subpoenas. Following the issuance of a final order by the Commissioner or a court, the Commissioner or the Attorney General may engage private counsel, approved by the Attorney General, to collect any moneys owed to the employee or the Commonwealth. Upon entry of a final order of the Commissioner, or upon entry of a judgment, against the employer, the Commissioner or the court shall assess reasonable attorney fees. H. In addition to being subject to any other penalty provided by the provisions of this section, any employer who fails to make payment of wages shall be liable for the payment of all wages due, and an additional equal amount as liquidated damages, plus interest at an annual rate of eight percent accruing from the date the wages were due.

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statute

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September 27, 2026

Verified September 27, 2026

These regulations shall incorporate the standards contained in regulations promulgated by the U.S. Secretary of Labor pursuant to the Fair Labor Standards Act (29 U.S.C. § 201 et seq.) concerning the number of hours per week, hours per day, and the hours of the day that children under the age of 16 may work in, about, or in connection with, any gainful occupation. B. No child shall be employed or permitted to work for more than five hours continuously without an interval of at least 30 minutes for a lunch period, and no period of less than 30 minutes shall be deemed to interrupt a continuous period of work.

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statute

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September 27, 2026

Verified September 27, 2026

Unless specifically exempted, employees covered by the Act must receive overtime pay for hours worked in excess of 40 in a workweek at a rate not less than time and one-half their regular rates of pay. There is no limit in the Act on the number of hours employees aged 16 and older may work in any workweek. The Act does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, as such.

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agency page

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September 26, 2026

Verified September 26, 2026

To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $684 per week.

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agency page

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September 26, 2026

Notes

The 2024 rule raising the level to $844/$1,128 was vacated in November 2024; DOL enforces the 2019 level of $684.

Verified September 26, 2026

Every employer of employees subject to the Fair Labor Standards Act's minimum wage provisions must post, and keep posted, a notice explaining the Act in a conspicuous place in all of their establishments.

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agency page

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September 26, 2026

Notes

The notice DOL publishes for this purpose is the FLSA minimum wage poster (WH-1088), free from the WHD posters page.

Verified September 26, 2026

Employers must provide the following information to tipped employees before taking a tip credit under the FLSA: the amount of the direct (or cash) wage the employer is paying a tipped employee, which must be at least $2.13 per hour; the additional amount claimed by the employer as a tip credit, which cannot exceed $5.12 (the difference between the minimum required direct (or cash) wage of $2.13 and the current minimum wage of $7.25); that the tip credit claimed by the employer cannot exceed the amount of tips actually received by the tipped employee; that all tips received by the tipped employee are to be retained by the employee except for a valid tip pooling arrangement limited to employees who customarily and regularly receive tips; and that the tip credit will not apply to any tipped employee unless the employee has been informed of these tip credit provisions.

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agency page

snapshot

September 26, 2026

Verified September 26, 2026